Belgium extends protection against accidents at work

The protection of platform workers has long been an issue for Belgium. Rules for the statutory presumption of employment of platform workers have been in place since 1st January 2023. The Belgian law follows the model presented in the European Commission's 2021 proposal for a directive to improve the working conditions of platform workers and adapts it to the country's circumstances.

Despite this achievement, the Belgian Minister of the Economy, Pierre-Yves Dermagne, saw a need for further action for platform workers who are self-employed. Especially when it comes to protecting them against accidents at work. At the end of March, he therefore submitted a draft royal decree to the Council of Ministers laying down minimum conditions for insurance contracts that digital platform operators must conclude for the self-employed on these platforms.

Better protection in the event of accidents at work

According to the Royal Decree, platform operators must take out compulsory insurance under general law against accidents at work for their self-employed platform workers during the performance of their work. This insurance is intended to cover accidents at work and accidents that occur on the way to and from work. The existing rules for employees are difficult to transfer to the self-employed. Compensation for self-employed platform workers should therefore be calculated on the basis of flat rates.

The new regulations for protection against accidents at work and commuting accidents are particularly relevant for platform workers who work as couriers, as they are exposed to a higher risk of suffering an accident at work, according to Minister Dermagne. Major market players such as Deliveroo and Uber have already recognised this and therefore already offer insurance against accidents at work, albeit to a lesser extent than the new Belgian rules.

One of the most important innovations is the establishment of an industrial accident fund for self-employed staff of contracting digital platforms. This fund will compensate accident victims and their families if the platform has not taken out compulsory insurance. In order to give all stakeholders sufficient time for implementation, the new regulations on accident insurance cover for platform workers in Belgium will come into force on 1st January 2026.

Belgian platform labour regulations in practice

The new rules should provide more protection for platform workers and at the same time allow them to maintain their status as self-employed. According to Minister Dermagne, this is important to many platform workers in Belgium in order to offer them the necessary flexibility.

The new rules are necessary because not all platform workers benefit from the platform work regulations that have been in force in Belgium since 1 January 2023. They aim to facilitate the reclassification of platform workers as employees. As such, they are also subject to statutory regulations on protection against accidents at work and commuting accidents for employees. However, there are currently hardly any employment contracts for food couriers. The exception is Takeaway, a platform that has always worked with couriers in permanent employment. Therefore, three couriers who work for Uber Eats took their case to the Labour Relations Commission last year. In May, the court ruled that the employment relationship between three delivery drivers and Uber Eats must be categorised as dependent employment. It remains to be seen whether the Labour Relations Commission's decision will set a precedent for the entire industry.